Manne (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, Temporary Graduate (Post-Study Work) stream. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of regulation 2.03AA(2) of the Migration Regulations 1994. This regulation pertains to character requirements, specifically concerning disclosure of criminal history and the absence of a criminal record in Australia.

The Tribunal found that the applicant had provided a complete Australian Federal Police check, which indicated no criminal record in Australia. Based on this evidence, the Tribunal was satisfied that the applicant met the criteria stipulated in regulation 2.03AA(2). Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration, with a direction that the applicant meets the specified criteria for a Subclass 485 visa.